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E-Tag E-0041

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§482.15(e) Condition for Participation:

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
HOME_HEALTH (100%) HOSPICE (100%) SNF (100%)
Plain-English summary

This federal Condition of Participation requires hospitals, critical access hospitals (CAHs), and long-term care (LTC) facilities to implement emergency and standby power systems consistent with their emergency plans, including requirements for generator location (per NFPA 99, NFPA 101, and NFPA 110), routine inspection and testing, and fuel supply planning for onsite fuel sources. Facilities must ensure their Essential Electric System can maintain safe operations during emergencies, whether sheltering in place or evacuating. These are CMS emergency preparedness requirements applicable to acute-care and LTC provider types, not behavioral health, IDD, ABA, or foster care facilities.

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Regulation text
E-0041
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§482.15(e) Condition for Participation: 
(e) Emergency and standby power systems. The hospital must implement 
emergency and standby power systems based on the emergency plan set forth in 
paragraph (a) of this section and in the policies and procedures plan set forth in 
paragraphs (b)(1)(i) and (ii) of this section. 
 
§483.73(e), §485.625(e) 
(e) Emergency and standby power systems. The [LTC facility and the CAH] must 
implement emergency and standby power systems based on the emergency plan set 
forth in paragraph (a) of this section. 
 
§482.15(e)(1), §483.73(e)(1), §485.625(e)(1) 
Emergency generator location. The generator must be located in accordance with 
the location requirements found in the Health Care Facilities Code (NFPA 99 and 
Tentative Interim Amendments TIA 12–2, TIA 12–3, TIA 12–4, TIA 12–5, and TIA 
12–6), Life Safety Code (NFPA 101 and Tentative Interim Amendments TIA 12–1, 
TIA 12–2, TIA 12–3, and TIA 12–4), and NFPA 110, when a new structure is built 
or when an existing structure or building is renovated. 
 
482.15(e)(2), §483.73(e)(2), §485.625(e)(2) 
Emergency generator inspection and testing. The [hospital, CAH and LTC facility] 
must implement the emergency power system inspection, testing, and [maintenance] 
requirements found in the Health Care Facilities Code, NFPA 110, and Life Safety 
Code. 
482.15(e)(3), §483.73(e)(3), §485.625(e)(3) 
 
Emergency generator fuel. [Hospitals, CAHs and LTC facilities] that maintain an 
onsite fuel source to power emergency generators must have a plan for how it will 
keep emergency power systems operational during the emergency, unless it 
evacuates. 
*[For hospitals at §482.15(h), LTC at §483.73(g), and CAHs §485.625(g):] 
The standards incorporated by reference in this section are approved for 
incorporation by reference by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain the material 
from the sources listed below. You may inspect a copy at the CMS Information 
Resource Center, 7500 Security Boulevard, Baltimore, MD or at the National 

Archives and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202–741–6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.
html. 
If any changes in this edition of the Code are incorporated by reference, CMS will 
publish a document in the Federal Register to announce the changes. 
(1) National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02169, www.nfpa.org
, 1.617.770.3000. 
(i) NFPA 99, Health Care Facilities Code, 2012 edition, issued August 11, 
2011. 
(ii) Technical interim amendment (TIA) 12–2 to NFPA 99, issued August 11, 
2011. 
(iii) TIA 12–3 to NFPA 99, issued August 9, 2012. 
(iv) TIA 12–4 to NFPA 99, issued March 7, 2013. 
(v) TIA 12–5 to NFPA 99, issued August 1, 2013. 
(vi) TIA 12–6 to NFPA 99, issued March 3, 2014. 
(vii) NFPA 101, Life Safety Code, 2012 edition, issued August 11, 2011. 
(viii) TIA 12–1 to NFPA 101, issued August 11, 2011. 
(ix) TIA 12–2 to NFPA 101, issued October 30, 2012. 
(x) TIA 12–3 to NFPA 101, issued October 22, 2013. 
(xi) TIA 12–4 to NFPA 101, issued October 22, 2013. 
(xiii) NFPA 110, Standard for Emergency and Standby Power Systems, 2010 
edition, including TIAs to chapter 7, issued August 6, 2009. 
 
Interpretive Guidelines applies to: 482.15(e), §485.625(e), §483.73(e). 
 
NOTE: For CAHs under §485.625(e)(2) “maintenance” is not included in the 
regulatory language. 
 
NOTE: Hospitals, CAHs and LTC facilities are required to base their emergency power 
and stand-by systems on their emergency plans and risk assessments, and including the 
policies and procedures for hospitals. The determination of the appropriate alternate 
energy source should be made through the development of the facility’s risk assessment 
and emergency plan. If these facilities determine that a permanent generator is not 
required to meet the emergency power and stand-by systems requirements for this 
emergency preparedness regulation, then §§482.15(e)(1) and (2), §483.73(e)(1) and (2), 
§485.625(e)(1) and (2), would not apply. However, these facility types must continue 
to meet the existing emergency power provisions and requirements for their 
provider/supplier types under physical environment CoPs or any existing LSC 
guidance. 
Emergency and standby power systems 
 
CMS requires Hospitals, CAHs and LTC facilities to comply with the 2012 edition of the 
National Fire Protection Association (NFPA) 101 – Life Safety Code (LSC) and the 2012 
edition of the NFPA 99 – Health Care Facilities Code in accordance with the Final Rule 
(CMS–3277–F). NFPA 99 requires Hospitals, CAHs and certain LTC facilities to install, 

maintain, inspect and test an Essential Electric System (EES) in areas of a building where 
the failure of equipment or systems is likely to cause the injury or death of patients or 
caregivers. An EES is a system which includes an alternate source of power, distribution 
system, and associated equipment that is designed to ensure continuity of electricity to 
elected areas and functions during the interruption of normal electrical service. The EES 
alternate source of power for these facility types is typically a generator. (NOTE: LTC 
facilities are also expected to meet the requirements under Life Safety Code and NFPA 
99 as outlined within the LTC Appendix of the SOM). In addition, NFPA 99 identifies 
the 2010 edition of NFPA 110 – Standard for Emergency and Standby Power Systems as 
a mandatory reference, which addresses the performance requirements for emergency and 
standby power systems and includes installation, maintenance, operation, and testing 
requirements. 
 
NFPA 99 contains emergency power requirements for emergency lighting, fire detection 
systems, extinguishing systems, and alarm systems. But, NFPA 99 does not specify 
emergency power requirements for maintaining supplies, and facility temperature 
requirements are limited to heating equipment for operating, delivery, labor, recovery, 
intensive care, coronary care, nurseries, infection/isolation rooms, emergency treatment 
spaces, and general patient/resident rooms. In addition, NFPA 99 does not require 
heating in general patient rooms during the disruption of normal power where the outside 
design temperature is higher than 20 degrees Fahrenheit or where a selected room(s) is 
provided for the needs of all patients (where patients would be internally relocated), then 
only that room(s) needs to be heated. Therefore, EES in Hospitals, CAHs and LTC 
facilities should include consideration for design to accommodate any additional 
electrical loads the facility determines to be necessary to meet all subsistence needs 
required by emergency preparedness plans, policies and procedures, unless the facility’s 
emergency plans, policies and procedures required under paragraph (a) and paragraph 
(b)(1)(i) and (ii) of this section determine that the hospital, CAH or LTC facility will 
relocate patients internally or evacuate in the event of an emergency. Facilities may plan 
to evacuate all patients, or choose to relocate internally only patients located in certain 
locations of the facility based on the ability to meet emergency power requirements in 
certain locations. For example, a hospital that has the ability to maintain temperature 
requirements in 50 percent of the inpatient locations during a power outage, may develop 
an emergency plan that includes bringing in alternate power, heating and/or cooling 
capabilities, and the partial relocation or evacuation of patients during a power outage 
instead of installing additional power sources to maintain temperatures in all inpatient 
locations. Or a LTC facility may decide to relocate residents to a part of the facility, such 
as a dining or activities room, where the facility can maintain the proper temperature 
requirements rather than the maintaining temperature within the entire facility. It is up to 
each facility to make emergency power system decisions based on its risk assessment and 
emergency plan. 
 
If a Hospital, CAH or LTC facility determines that the use of a portable and mobile 
generator would be the best way to accommodate for additional electrical loads necessary 
to meet subsistence needs required by emergency preparedness plans, policies and 
procedures, then NFPA requirements on emergency and standby power systems such as 

generator installation, location, inspection and testing, and fuel would not be applicable 
to the portable generator and associated distribution system, except for NFPA 70 - 
National Electrical Code. (See E-0015 for Interpretive Guidance on portable generators). 
 
Emergency generator location 
 
NFPA 110 contains minimum requirements and considerations for the installation and 
environmental conditions that may have an effect on Emergency Power Supply System 
(EPSS) equipment, including, building type, classification of occupancy, hazard of 
contents, and geographic location. NFPA 110 requires that EPSS equipment, including 
generators, to be designed and located to minimize damage (e.g., flooding). The NFPA 
110 generator location requirements apply to EPSS (e.g. generators) that are permanently 
attached and do not apply to portable and mobile generators used to provide or 
supplement emergency power to Hospitals, CAHs and LTC facilities. (See E-0015 for 
Interpretive Guidance on portable generators). 
 
Under emergency preparedness, the regulations require that the generator and its 
associated equipment be located in accordance with the LSC, NFPA 99, and NFPA 110 
when a new structure is built or an existing structure or building is renovated. Therefore, 
new structures or building renovations that occur after November 15, 2016, (the effective 
date of the Emergency Preparedness Final Rule) must be in compliance with NFPA 110 
generator location requirements to be determined as being in compliance with the 
Emergency Preparedness regulations. 
 
Emergency generator inspection and testing 
 
NFPA 110 contains routine maintenance and operational testing requirements for 
emergency and standby power systems, including generators. Emergency generators 
required by NFPA 99 and the Emergency Preparedness Final Rule must be maintained 
and tested in accordance with NFPA 110 requirements, which are based on manufacturer 
recommendations, instruction manuals, and the minimum requirements of NFPA 110, 
Chapter 8. 
 
Emergency generator fuel 
 
NFPA 110 permits fuel sources for generators to be liquid petroleum products (e.g., gas, 
diesel), liquefied petroleum gas (e.g., propane) and natural or synthetic gas (e.g., natural 
gas). Generators required by NFPA 99 are designated by Class, which defines the 
minimum time, in hours, that an EES is designed to operate at its rated load without 
having to be refueled. Generators required by NFPA 99 for Hospitals, CAHs and LTC 
facilities are designated Class X, which defines the minimum run time as being “other 
time, in hours, as required by application, code or user.” The 2010 edition of NFPA 110 
also requires that generator installations in locations where the probability of interruption 
of off-site (e.g., natural gas) fuel supplies is high to maintain onsite storage of an alternate 
fuel source sufficient to allow full output of the ESS for the specified class. 

The Emergency Preparedness Final Rule requires Hospitals, CAHs and LTC facilities 
that maintain onsite fuel sources (e.g., gas, diesel, propane) to have a plan to keep the 
EES operational for the duration of emergencies as defined by the facilities emergency 
plan, policy and procedures, unless it evacuates. This would include maintaining fuel 
onsite to maintain generator operation or it could include making arrangements for fuel 
delivery for an emergency event. If fuel is to be delivered during an emergency event, 
planning should consider limitations and delays that may impact fuel delivery during an 
event. In addition, planning should ensure that arranged fuel supply sources will not be 
limited by other community demands during the same emergency event. In instances 
when a facility maintains onsite fuel sources and plans to evacuate during an emergency, 
a sufficient amount of onsite fuel should be maintained to keep the EES operational until 
such time the building is evacuated. 
 
For information regarding permanently installed generators, please refer to applicable 
NFPA Codes and Standards as discussed under Tag E-0015. In the event a health 
surveyor is unclear whether the facility is complying with these requirements, the health 
surveyor must consult with their LSC surveyors. Generally, tag E-0041 should be 
reviewed by a LSC surveyor.

Survey Procedures 
• Verify that the hospital, CAH and LTC facility has the required emergency and 
standby power systems to meet the requirements of the facility’s emergency plan and 
corresponding policies and procedures. 
 
• Review the emergency plan for “shelter in place” and evacuation plans. Based on 
those plans, does the facility have emergency power systems or plans in place to 
maintain safe operations while sheltering in place? 
• For hospitals, CAHs and LTC facilities which are under construction or have existing 
buildings being renovated, verify the facility has a written plan to relocate the EPSS 
by the time construction is completed. 
For hospitals, CAHs and LTC facilities with permanently attached generators: 
• For new construction that takes place between November 15, 2016 and is completed 
by November 15, 2017, verify the generator is located and installed in accordance 
with NFPA 110 and NFPA 99 when a new structure is built or when an existing 
structure or building is renovated. The applicability of both NFPA 110 and NFPA 99 
addresses only new, altered, renovated or modified generator locations. 
• Verify that the hospitals, CAHs and LTC facilities with an onsite fuel source 
maintains it in accordance with NFPA 110 for their generator, and have a plan for 
how to keep the generator operational during an emergency, unless they plan to 
evacuate.